NCJ Number
49300
Date Published
1978
Length
16 pages
Annotation
THE EVOLUTION OF JUVENILE JUSTICE IS TRACED, AND THE JUVENILE DELINQUENT ACT OF 1908 AND THE PROPOSED CHILDREN AND YOUNG PERSONS ACT OF 1965 ARE CONSIDERED. THE TREND TOWARDS DIVERSION IS ALSO DISCUSSED.
Abstract
HISTORICALLY, THE CANADIAN JUVENILE JUSTICE SYSTEM GREW OUT OF BRITISH TRADITIONS; ALTHOUGH SPECIAL CHARACTERISTICS WERE IMPLEMENTED TO ACCOUNT FOR CANADA'S DIVERSE NATURE AND THE PROBLEMS INHERENT IN THE SYSTEM WHICH DIVIDES LEGAL POWERS IN THE AREA OF JUVENILE JURISDICTION BETWEEN THE FEDERAL AND PROVINCIAL GOVERNMENTS. ONE OF THE EARLIEST REFERENCES TO SPECIAL TREATMENT FOR YOUTH WAS THE MORE SPEEDY TRIAL AND PUNISHMENT OF JUVENILE OFFENDERS ACT OF 1857. IN 1892, AN ACT WAS PASSED ESTABLISHING 7 YEARS AS THE AGE OF CRIMINAL RESPONSIBILITY. THE FIRST NATIONWIDE LEGISLATION DEALING WTH JUVENILE DELINQUENCY WAS THE JUVENILE DELINQUENTS ACT OF 1908. IT WAS, IN ESSENCE, A NATIONAL EXPRESSION OF THE RISE OF A SPECIAL KIND OF JUSTICE FOR CHILDREN AND EMPHASIZED PREVENTION AND PROTECTION THROUGH ENVIRONMENTAL IMPROVEMENT. IT HAS BEEN SEVERELY CRITICIZED IN MANY POINTS; AND IN 1965, A PROPOSAL BY A PARLIAMENTARY COMMITTEE INCLUDED RECOMMENDATIONS THAT THE GOVERNMENT PROVIDE LEADERSHIP AIMED AT EQUALIZING AND STANDARDIZING JUVENILE SERVICE; THAT THE TERM JUVENILE DELINQUENT BE ABANDONED IN FAVOR OF 'CHILD OFFENDER' AND 'YOUNG OFFENDER'; THAT THE AGE OF CRIMINAL RESPONSIBILITY BE RAISED FROM 7 TO 10 YEARS; THAT STATUS OFFENSES BE REMOVED FROM FEDERAL JURISDICTION; THAT THE LENGTH OF COMMITTAL TO TRAINING SCHOOL BE LIMITED, AND THAT OTHER MEASURES BE IMPLEMENTED REGARDING THE ACTUAL COURT SESSION. THE PROPOSAL WAS NOT ADOPTED AS LAW, BUT IT HAS HAD GREAT EFFECTS ON THE CONCEPT OF JUVENILE JUSTICE. THERE IS A TREND TOWARD DIVERSION, IN THE DIRECTION OF COMMUNITY-BASED RESPONSIBILITY AND ACTION. IN 1975, A COMMITTEE APPOINTED BY THE SOLICITOR GENERAL PRODUCED A DOCUMENT ENTITLED 'YOUNG PERSONS IN CONFLICT WITH THE LAW.' IT ENVISAGED A MORE IMPORTANT ROLE FOR THE NEW YOUTH COURT IN AREAS PERTAINING TO OLDER YOUNGSTERS. NO OFFICIAL ACTION HAS BEEN TAKEN, BUT A NEW TONE IN THE PREVENTION OF DELINQUENCY AND THE TREATMENT OF YOUNG OFFENDERS SEEMS IMMINENT. IT WOULD SEEM THAT THE JUVENILE COURT WILL BECOME A COURT WITHIN A UNIFIED FAMILY COURT STRUCTURE, SERVING CLIENTELE BETWEEN THE AGES OF 12 AND 18. REFERENCES ARE FOOTNOTED. (DAG)